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can this contractor file a lien or is it too late?

California

hello My name is andy.i fired the contractor over 120 days ago for breech of contract and not following building codes. he just sent me the california 20 day notice for use on privte project for the full amount of the project that was not complete. i paid him some money but not all. after he was gone i ordered a building inspector who failed everything the contractor did. can he still put a lien on my home? is he outside of the time frame. he accepted being fired via e mail on 10/16/2020

2 replies

Mar 15, 2021

In California, a 20 day preliminary notice must be served on the owner, prime contractor, and lender (if any) within 20 days of first providing materials or labor. Considering you are stating that the contractor was fired 120 days ago, the contractor's preliminary notice is late and invalid. However, California law also states that a tardy preliminary notice is allowed if work was done in the preceding first 20 days of work. In addition, the mechanics lien must have been filed within 90 days after the contractor completed their work as a whole. Considering the preliminary notice was late and the mechanics lien was not filed within the deadline, the lien is likely invalid. 

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Mar 15, 2021
If you own the property and the contractor had a contract with you, then the contractor was not required to serve you with a preliminary notice. If you are not the owner, then the preliminary notice would only cover work done 20 days before the preliminary notice and after that time. Since no work has been done for more than 120 days, the lien would be invalid. The lien must be recorded within 90 days of substantial completion of the project. If the project failed final inspection, then the contractor’s lien could still be timely. There are several questions that need to be addressed to determine the validity of the lien.

You should file a complaint with the Contractors State License Board against the contractor. The complaint form is on the CSLB website at www.cslb.ca.gov. You may also want to make a claim against the contractor’s $15K license bond. The bond information is also on the CSLB website under the contractor’s name. You don’t need a lawyer to make a claim. You can do it yourself. Sometimes a strong letter from an attorney to the contractor can help.

Unless you’re in the process of refinancing or selling your property, the lien doesn’t have much impact. The contractor must perfect the lien by filing a lawsuit to foreclose the lien within 90 days of the lien recording date or the lien will expire. After 90 days you can demand that the contractor release his lien. I generally enclose a Release of Lien with the letter because many contractors don’t know how to take a lien off. If he refuses, then you can file a petition with the court to get the lien off, and the contractor is responsible for paying your attorney’s fees.

I’m happy to answer any questions you have about this.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
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